Lagbaja Dragged To Court Over Alleged Failure To Provide Certified True Copy Of Judgment

A former Major General in the Nigerian Army, Umaru Mallam Mohammed has asked the Federal High Court, Abuja, to compel the Nigerian Army and the Chief of Army Staff, Lieutenant General Taoreed Lagbaja, to make available to him the Certified True Copy (CTC) of the judgment of the Special Court Martial that tried him.

In his legal action designated FHC/ART/es/670/2024, dated May 6, 2024, and filed by his counsel, Mr Olalekan Ojo (SAN), the dismissed Major General is asking the court to direct the Respondents to release the purported judgment of the Special Court Martial.

While alleging gross violation of the applicant’s fundamental right to obtain the CTC of the judgment of the Special Court Martial, the SAN in the Originating Motion brought pursuant to Section 46(3) of the Constitution of Federal Nigeria 1999 as amended, Section 176 of the Armed Forces Act Cap A20 LFN, 2004, Order 1 Rule 2, Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009, prayed to the court for the enforcement of the Applicant’s fundamental rights under Section 36(7) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

Ojo (SAN) is further praying for “a declaration that the Respondents’ failure or refusal to give the Applicant the Certified True Copy of the Judgment of the Special Court Martial that tried the Applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October 2023 as confirmed by the Army Council on the 28th day of March 2024 constitutes gross violation of the Applicant’s fundamental right to obtain the Certified true copy of the judgment of the Special Court Martial guaranteed by Section 36(7) of the Constitution of the Federal Republic of Nigeria 1999 as amended.”

The senior lawyer equally asked the court to direct the Respondents “to give to the Applicant the Certified True Copy of the judgment of the Special Court Martial In Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M.Mohammed delivered on October 10, 2023, as confirmed by the Army Council on March 28, 2024, within 48 hours after the order by the court.”

In his 13-paragraph affidavit in support of his application, Ojo (SAN) argued that the granting of the Applicant’s reliefs in the Applicant’s originating summons will not prejudice the Respondents in any manner whatsoever.

“That I know as a fact that the Applicant is dissatisfied with the judgment of the Special Court Martial and that he filed a motion dated 25th day of April 2024 for leave to appeal against the judgment of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on the 10th day of October 2023 and confirmed by the Army Council on the 28th day of March 2024.

“That the Applicant’s counsel wrote a letter to the Directorate of the Legal Services (Army) of the 2nd Respondent dated 5th April 2024 requesting for the Certified True Copy of the judgment of the Special Court Martial that tried the Applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on the 10th day of October 2023 and confirmed by the Army Council on the 28th day of March 2024.

“That the Respondents have refused or failed to make available to the Applicant the Certified True Copy of the judgment of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army,” Ojo (SAN) stated.